Legal Question in Family Law in Maryland
Wife move out 3+ yrs ago. She took an apartment, and paid for it with martial income. Not a problem, since spouses have to live separately for 12 months to qualify for a divorce. At trial (she filed for divorce) judge denied divorce on �all grounds�. She has since lived apart for past 9+ months. At next trial we will certainly get divorced. In the division of assets I maintain she is entitled to 12-18 months of living expenses as �legitimate expenses�, but the apartment expenses prior to first trial are �invalidated� since her divorce petition was denied (on grounds). She could have lived under our roof & saved those expenses. Nobody else benefited from the apartment. We have no minor children. Wife continued to take mortgage tax deduction & will get 50% of proceeds from home sale. Can the apartment expenses prior to 1st hearing be excluded from legitimate expense required to keep a roof over her head? If not, there would be no disincentive to having a separate living arrangement and using family funds to pay for it.
1 Answer from Attorneys
You should try to work out a financial settlement with your wife before the case comes to trial. This would include a division of marital assets, including retirement assets. What was spent up until now is of little significance. If there is a significant income disparity and your wife is unable to maintain herself, you may be exposed to an alimony award. Best to try and resolve this rather than leave the decision in the hands of a judge. A consult with an experienced family attorney would be well worth the expense.
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